Section 212(3)

Where there exist appropriate agreed procedures for negotiation or the settlement of disputes, ACAS shall not refer a matter for settlement to arbitration under this section unless— those procedures have been used and have failed to result in a settlement, or there is, in ACAS’s opinion, a special reason which justifies arbitration under this section as an alternative to those procedures.

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Source: legislation.gov.uk · retrieved 2026-09-04